The Supreme Court of India has provided temporary relief to Pune’s renowned eatery, ‘Burger King,’ by staying the Bombay High Court’s order that restrained it from using the ‘Burger King’ trademark. This decision marks a crucial development in the legal battle between the US-based fast-food giant, Burger King Corporation, and the local Pune-based restaurant.
Background of the Case
The legal dispute traces back to a trademark conflict between Burger King Corporation, a globally recognized American fast-food chain, and the proprietors of Pune’s Burger King. The US-based company, which has been selling burgers under the ‘Burger King’ brand since 1954, is currently the world’s second-largest fast-food hamburger chain, employing over 30,300 people across 100 countries.
The company filed a lawsuit in 2011, seeking a permanent injunction to prohibit the Pune-based eatery from using the ‘Burger King’ name. It also demanded damages amounting to INR 20 lakhs, claiming trademark infringement.
In August 2024, the District Court in Pune dismissed the suit filed by the US company. The proprietors of Pune’s Burger King, Anahita Irani and Shapoor Irani, argued that they had been using the name since 1992, long before the American company actively operated in India. They further contended that the US-based brand had not utilized the trademark in India for nearly 30 years since its registration.
The District Court ruled in favor of the Irani duo, emphasizing that they were prior users of the ‘Burger King’ trademark in India.
Challenging the District Court’s verdict, Burger King Corporation appealed to the Bombay High Court. In December 2024, the High Court stayed the lower court’s ruling and issued a restraint order, preventing the Pune-based eatery from continuing to use the trademark ‘Burger King.’
Following the Bombay High Court’s decision, the proprietors of Pune’s Burger King moved to the Supreme Court, seeking relief. A Bench comprising Justices BV Nagarathna and Satish Chandra Sharma issued an interim stay on the Bombay High Court’s order while considering the Special Leave Petition (SLP) filed by the Pune-based eatery.
"The High Court can continue to hear the appeal, but the restraint order shall remain stayed until further notice." – Supreme Court Bench
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The ruling provides temporary relief to the Pune-based restaurant, allowing it to continue operating under the ‘Burger King’ name until a final decision is reached.
Senior Counsel Abhishek Manu Singhvi and Senior Counsel K. Parameshwar represented Pune’s Burger King in the Supreme Court proceedings. The case, titled Anahita Irani v. Burger King | SLP(c) 6282/2025, will continue to be reviewed by the judiciary in the coming hearings.
The Supreme Court’s intervention has provided a significant breather for Pune’s Burger King, but the legal battle is far from over. As the Bombay High Court continues hearing the appeal, the fate of the Indian eatery’s trademark usage remains uncertain. The final verdict will determine whether Pune’s Burger King can continue operating under its long-held brand name or if it will have to rebrand due to the claims of the global fast-food giant.
For now, Pune’s beloved Burger King can continue serving its customers under its established name, thanks to the Supreme Court’s latest order.
